NY State Senate Bill 2023-S2721

Senate Bill S2721

2023-2024 Legislative Session

Establishes the New York state office of civil representation to provide a right to counsel in eviction proceedings

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Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to housing, construction and community development
Jan 24, 2023	referred to housing, construction and community development

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2023-S2721 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Executive Law
Laws Affected:: Add Art 29 §§827 - 831, Exec L; amd §§701, 711, 713, 713-a, 715, 731, 745, 746 & 749, RPAP L; add §§235-j & 235-k, RP L
Versions Introduced in 2021-2022 Legislative Session:: S6678

2023-S2721 (ACTIVE) - Summary

Establishes the civil right to counsel in eviction proceedings in New York state; creates the New York state office of civil representation; requires that covered individuals be given notice of such right to counsel.

2023-S2721 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2721

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the executive law, the real property actions and
proceedings law and the real property law, in relation to establishing
the New York state office of civil representation to provide a right to
counsel in eviction proceedings

 
PURPOSE:

Establishes the civil right to counsel in eviction proceedings in New
York State.

 
SUMMARY OF PROVISIONS:

Section 1: Sets forth legislative findings.

Section 2: Provides for the addition of Article 29, creating the New
York State Office of Civil Representation, and Provides the duties and
responsibilities thereof.

*All eligible individuals in covered proceedings are to be provided with
legal representation at the government's expense.

*This will not affect the right to counsel in any other civil or crimi-
nal action.

*Provides the relevant definitions for "Executive'Director," "Office,"
"Eligible individual," "Covered proceeding," "Designated legal organiza-
tion," "Designated community organization," "Legal representation,"
"Legal consultation," and "Housing accommodation."

*The civil right to counsel in eviction proceedings is created and
establishes that this civil right must apply in covered proceedings.

*Establishes the New York State Office of Civil Representation. The
position of Executive Director, appointed by the Governor with the
advice and consent of the Senate, will lead this new Office. The Execu-
tive Director must:

*Establish a program to provide individuals with legal representation in
eviction proceedings, including entering into contracts and agreements
as may be necessary;

*Prepare and submit an annual audit and annual report that shall include
information pertaining to the program and those individuals served by it
and the outcomes achieved, as well as the funding necessary for the
operation of the program;

*coordinate with other programs providing legal representation in
covered proceedings to ensure efficiency and prevent duplication;

*identify one or more designated community organizations caPable of
providing community education and organization, and support outreach and
education by designated community organizations;


*create and publicize resources for individuals about their rights in
civil legal matters regarding housing accommodations in the languages
required by law and any necessary additional;

*promulgate any necessary rules and regulations; and

*in developing and administering programs for providing legal represen-
tation and community outreach and education, the office shall:

*consult with tenants, legal and community-based organizations, repre-
sentatives of the judiciary, representatives of municipalities operating
or funding relevant programs; and any other pertinent stakeholders;

*post on its website information regarding the relevant programs,
including information to help individuals find services available in
their geographic area; and

*hold one or more hearings or listening sessions in each region of the
state on an annual basis to evaluate the programs and incorporate any
necessary changes.

Section 3, Section 701 of the Real Property Actions and Proceedings Law
is amended A court overseeing an eviction proceeding shall notify all
respondents by mail upon the filing of a petition, not less than four-
teen days before trial of the right to civil counsel.

Section 4, Section 711 of the Real Property Actions and Proceedings Law
is amended so that no proceeding shall be maintained unless the court
has notified an individual in writing of the right to obtain legal
representation.

Section 5, Section 713 of the Real Property Actions and Proceedings Law
is amended so that no proceeding shall be maintained unless the court
has notified a respondent in writing of the right to obtain legal repre-
sentation. Any ten-day notice to quit served pursuant to this section
must provide notice of the respondent's right to obtain legal represen-
tation.

Sections 713-A and 715 of the Real Property Actions and Proceedings Law
are amended so that no proceeding shall be maintained unless the court
has notified an individual in writing of the right to obtain legal
representation.

Section 731 of the Real Property Actions and Proceedings Law is amended
so that no proceeding shall be maintained unless the notice of petition
has notified an individual, in writing, of the right to obtain legal
representation.

Section 6, Section 745 of the Real Property Actions and Proceedings Law
is amended so that eligible individuals who appear in court without
counsel must be informed orally by the court that the civil right to
counsel in eviction proceedings exists, and if such an individual would
like counsel, the court must adjourn proceedings for at least thirty
days for the individual to retain counsel; and must grant further
adjournments as are necessary for the individual to retain and consult
counsel.


Section 7, Subdivision 1 and 3 of Section 749 of the Real Property
Actions and Proceedings Law is amended so that the court cannot author-
ize the issuance of a warrant or an execution of an eviction pursuant to
a default judgment unless the court has provided the respondent with
written notice of the respondent's right to obtain legal representation.
Failure to do so will constitute good cause to vacate a warrant of
eviction. The court may not order recovery of any sum of money in any
proceeding pending appointment of legal representation.

Section 746 of the Real Property Actions and Proceedings Law is amended
so that, if an individual is not represented and is eligible for coun-
sel, the court must notify the individual orally of the right to obtain
representation. If the individual wants counsel, the court must stop
allocution of any stipulations and adjourn the trial, providing suffi-
cient time, not less than thirty days, for the individual to retain and
consult counsel; and must grant further adjournments as necessary.

Section 8: Provides that a lease or contract provision containing a
waiver or limitation of the right to counsel in eviction proceedings is
deemed void. A new section 235-k is added to the real property law so
that leases must provide notice of the right to counsel.

Section 9: Severability clause. If a court finds any portion of this law
to be invalid, such order or judgment cannot affect or invalidate the
remainder of this Article.

Section 10: Sets the effective date to 180 days after the act has become
law. Sections 3 through 8 will take effect five years after the effec-
tive date.

 
JUSTIFICATION:

During eviction proceedings, most landlords are represented during
eviction proceedings, while most tenants are not.

This is an obvious power imbalance that often leads to unjust outcomes,
and many tenants are evicted where they would otherwise would not be if
they had competent legal representation. High levels of evictions have a
disastrous effect on people's lives and serve to increase New York's
already high homeless levels. This has a negative impact on public
funds, as the State is forced to expend resources on shelter services,
emergency room costs, homelessness services, and more.

This Bill seeks to correct these shortcomings by providing those tenants
will have a civil right to counsel in eviction proceedings in New York
State. It establishes a right to counsel for all New Yorkers, given that
most individuals facing eviction are low-income and given that means-
testing will create barriers to counsel for many of the most vulnerable
people who most need it, such as undocumented people and those who work
in under-the-table, gig, or informal economies, who may be afraid to
prove or face challenges in proving their income.  Many more eligible
New Yorkers will self-select out of the program because of the shame
that comes with proving income. Means-testing will necessitate a costly
bureaucratic layer that will prevent many people who need right to coun-
sel from obtaining it.

The bill establishes the New York State Office of Civil Justice, with
the position of Civil Justice Coordinator to lead this Office, which
will contract with both non-profit legal services organizations to
provide counsel to tenants, and with non-profit community-based organ-
izations to provide tenants' rights education and tenant organizing. It
will hold public hearings and produce annual reports on implementation
and financial auditing.

Just as significant, tenants must be provided with written notice of
their Right to Counsel before any court filing or proceeding can contin-
ue, including before an eviction warrant or default judgement is issued.
Tenants are given information (e.g., phone number or website) to contact
a Right to Counsel lawyer. Cases are adjourned until the tenant can
retain and consult with their lawyer. Judges must verbally inform
tenants of their Right to Counsel if they appear in court without a
lawyer. And a failure of the court, the landlord, or landlord's lawyer
to comply with the tenant's Right to Counsel will result in vacating any
eviction warrants.

In 2017, New York City became the first city in the country to pass
Right to Counsel, which has not only led to landlords suing tenants
less, but 84 percent of tenants who had a right to counsel lawyer were
able to remain in their homes. Furthermore, the states and cities that
now also have a Right to Counsel have seen up to a 77 percent reduction
in evictions.

 
FISCAL IMPACT ON THE STATE:

Right to Counsel is estimated to cost $500 million per year at full
implementation. This funding will cover an expansion of legal services
infrastructure across, the state, so that all individuals in covered
proceedings can obtain counsel; an expansion of community organizing
infrastructure, so that New Yorkers are aware of and able to assert
their rights; and the operations of the Office of Civil Representation.

Costs are expected to decrease as eviction filings drop, which has
occurred in other localities, including New York City, with a Right to
Counsel.

Right to Counsel is expected to pay for itself many times over in the
long term, saving millions of public dollars on shelter costs, costly
disruptions to New Yorkers' livelihoods and education, emergency room
costs, and much more.

 
LEGISLATIVE HISTORY:

2021-2022- S.6678 (May) / A.7570 (Joyner)

 
EFFECTIVE DATE:
This act shall take effect 180 days after passage into law.

2023-S2721 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2721
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sens.  MAY,  BAILEY,  BRISPORT,  BROUK,  CLEARE, COMRIE,
   COONEY, GIANARIS, GOUNARDES, HARCKHAM, HINCHEY,  HOYLMAN-SIGAL,  JACK-
   SON,  KENNEDY,  LIU,  MANNION,  MAYER,  MYRIE, RAMOS, RIVERA, SALAZAR,
   SANDERS, SEPULVEDA, SERRANO, SKOUFIS, THOMAS -- read twice and ordered
   printed, and when printed to be committed to the Committee on Housing,
   Construction and Community Development
 
 AN ACT to amend  the  executive  law,  the  real  property  actions  and
   proceedings law and the real property law, in relation to establishing
   the  New  York state office of civil representation to provide a right
   to counsel in eviction proceedings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section   1.  Legislative  findings.    Eviction  proceedings  have  a
 profoundly disparate impact on low-income  individuals  and  given  this
 disparate  impact,  it  is imperative that these individuals be provided
 legal representation in legal proceedings  that  put  their  housing  at
 risk.
   There is a fundamental human right to adequate housing accommodations.
 Safe,  secure,  and  accessible  housing is essential to achieving equal
 access to all other fundamental needs. Without housing, individuals  and
 families  too often cannot preserve family integrity, gain employment or
 other income, or enjoy  access  to  healthcare,  proper  nutrition,  and
 education.
   Eviction  proceedings and displacement as a result of evictions have a
 disparate impact on low-income individuals and particularly  on  low-in-
 come  people  of  color,  who  are disproportionately the respondents in
 eviction proceedings.
   Representation of people who are at risk  of  losing  their  homes  in
 legal  proceedings  preserves  access  to housing and ensures compliance
 with laws protecting people's rights in such proceedings. Abrupt, unwar-
 ranted, or unlawful  evictions  disrupt  lives  and  livelihoods,  force
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00496-02-3

 S. 2721                             2
 
 people  to find housing in a market with a severe shortage of affordable
 housing and often significantly increases the risk of homelessness.  The
 short- and long-term effects of housing instability are  devastating  to
 individuals  and  families  and  can  affect physical and mental health,
 employment and education. Providing a right to  counsel  to  individuals
 who  are  most at risk of housing instability not only protects individ-
 uals and families from these devastating effects, it saves public  funds
 that would otherwise be spent on shelters and services to people experi-
 encing  homelessness as well as the wide range of detrimental short- and
 long-term collateral consequences of housing instability.
   § 2. The executive law is amended by adding a new article 29  to  read
 as follows:
                                ARTICLE 29
               NEW YORK STATE OFFICE OF CIVIL REPRESENTATION
 SECTION 827. RIGHT TO COUNSEL IN EVICTION PROCEEDINGS.
         828. OFFICE OF CIVIL REPRESENTATION.
         829. POWERS AND DUTIES OF THE OFFICE OF CIVIL REPRESENTATION.
         830. DEFINITIONS.
         831. PROVISION OF LEGAL REPRESENTATION AND COMMUNITY EDUCATION.
   §  827.  RIGHT TO COUNSEL IN EVICTION PROCEEDINGS.  THE CIVIL RIGHT TO
 FULL REPRESENTATION BY COUNSEL IN COVERED PROCEEDINGS FOR ELIGIBLE INDI-
 VIDUALS IS HEREBY CREATED.
   § 828. OFFICE OF CIVIL REPRESENTATION. 1. THERE IS HEREBY  ESTABLISHED
 IN  THE EXECUTIVE DEPARTMENT AN OFFICE OF CIVIL REPRESENTATION TO CREATE
 AND IMPLEMENT A PROGRAM TO  PROVIDE  A  RIGHT  TO  COUNSEL  PURSUANT  TO
 SECTION EIGHT HUNDRED TWENTY-NINE OF THIS ARTICLE.
   2.  THE  OFFICE  SHALL BE HEADED BY AN EXECUTIVE DIRECTOR WHO SHALL BE
 APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE.
   § 829. POWERS AND DUTIES OF THE OFFICE OF  CIVIL  REPRESENTATION.  THE
 EXECUTIVE DIRECTOR SHALL HAVE THE POWER AND DUTY TO:
   1.  ESTABLISH  A  PROGRAM  TO  PROVIDE  LEGAL REPRESENTATION INCLUDING
 ENTERING INTO CONTRACTS AND AGREEMENTS AS MAY BE NECESSARY,  IN  ACCORD-
 ANCE WITH SECTION EIGHT HUNDRED THIRTY-ONE OF THIS ARTICLE;
   2.  PREPARE AND SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE, AND THE SPEAKER OF THE ASSEMBLY AN ANNUAL FINANCIAL AUDIT OF THE
 PROGRAM'S ACTIVITIES, PREPARED BY A CERTIFIED PUBLIC ACCOUNTANT LICENSED
 IN THE STATE OF NEW YORK AND CARRIED OUT IN  ACCORDANCE  WITH  GENERALLY
 ACCEPTED  AUDITING STANDARDS; AND AN ANNUAL REPORT REGARDING THE PROGRAM
 CREATED UNDER SECTION EIGHT HUNDRED THIRTY-ONE OF THIS  ARTICLE.    SUCH
 REPORT  SHALL  INCLUDE  BUT NOT BE LIMITED TO THE FOLLOWING INFORMATION,
 DISAGGREGATED BY COUNTY, PROVIDED, HOWEVER, THAT THE  INFORMATION  SHALL
 NOT  BE  REQUIRED FOR EVERY CASE WHERE THE INDIVIDUAL REFUSES TO PROVIDE
 THE INFORMATION OR THE INFORMATION IS NOT REASONABLY ASCERTAINABLE:
   (A) THE TOTAL NUMBER OF PEOPLE PROVIDED LEGAL REPRESENTATION  AND  THE
 TOTAL NUMBER OF PEOPLE NOT PROVIDED LEGAL REPRESENTATION AND THE REASONS
 WHY REPRESENTATION WAS NOT PROVIDED;
   (B) THE OUTCOMES OF THE CASES PROVIDED LEGAL REPRESENTATION;
   (C) GENDER, RACE, ETHNICITY, AND AGE;
   (D) POSTAL CODE OF RESIDENCE;
   (E) HOUSEHOLD SIZE;
   (F) ESTIMATED LENGTH OF TENANCY;
   (G) APPROXIMATE HOUSEHOLD INCOME;
   (H)  RECEIPT  OF  ONGOING  PUBLIC  ASSISTANCE  AT  THE TIME SUCH LEGAL
 SERVICES WERE INITIATED;
   (I) TENANCY IN RENT-REGULATED HOUSING;
 S. 2721                             3
 
   (J) TENANCY IN HOUSING OPERATED BY OR SUBSIDIZED  THROUGH  A  FEDERAL,
 STATE OR LOCAL RENTAL SUBSIDY PROGRAM;
   (K) LEGAL SERVICES PROVIDED BY TYPE OF LEGAL ISSUE;
   (L) A LIST OF DESIGNATED LEGAL ORGANIZATIONS, THE GEOGRAPHIC REGION IN
 WHICH  SUCH  ORGANIZATIONS  PROVIDE  SERVICES, AND THE AMOUNT OF FUNDING
 PROVIDED TO EACH;
   (M) OUTCOMES IMMEDIATELY FOLLOWING THE PROVISION OF FULL LEGAL  REPRE-
 SENTATION,  AS  APPLICABLE AND AVAILABLE, INCLUDING, BUT NOT LIMITED TO,
 THE NUMBER OF:
   (I) JUDGMENTS AND STIPULATED AGREEMENTS ALLOWING INDIVIDUALS TO REMAIN
 IN THEIR RESIDENCE;
   (II) JUDGMENTS AND STIPULATED AGREEMENTS REQUIRING INDIVIDUALS  TO  BE
 DISPLACED FROM THEIR RESIDENCE; AND
   (III)  INSTANCES  WHERE  AN  ATTORNEY  REPRESENTING AN INCOME-ELIGIBLE
 INDIVIDUAL WAS DISCHARGED OR WITHDREW;
   (N) A LIST OF LANDLORDS INVOLVED IN EVICTION PROCEEDINGS;
   (O) RESIDENTIAL EVICTIONS CONDUCTED  BY  SHERIFFS  OR  CITY  MARSHALS,
 DISAGGREGATED BY COUNTY;
   (P)  A  LIST  OF  DESIGNATED  COMMUNITY  ORGANIZATIONS, THE GEOGRAPHIC
 REGION IN WHICH SUCH ORGANIZATIONS PROVIDE SERVICES, AND THE  AMOUNT  OF
 FUNDING PROVIDED TO EACH;
   (Q)  THE  NUMBER  OF  BUILDINGS  IN  WHICH OUTREACH WAS CONDUCTED, THE
 NUMBER OF WORKSHOPS OFFERED, THE NUMBER OF ATTENDEES AT SUCH  WORKSHOPS,
 THE NUMBER OF PEOPLE REFERRED TO NON-PROFITS HAVING STATUS UNDER SECTION
 501  (C)  (3) OF THE UNITED STATES INTERNAL REVENUE CODE, AND THE NUMBER
 OF TRAININGS OFFERED; AND
   (R) AN EVALUATION OF IMPLEMENTATION CHALLENGES AND RECOMMENDATIONS FOR
 ANY FUTURE PROGRAMMATIC IMPROVEMENTS.
   3. PROVIDE AN ANNUAL ESTIMATE FOR THE FUNDING NECESSARY FOR THE OPERA-
 TION OF THE PROGRAM UNDER SECTION EIGHT HUNDRED THIRTY-ONE OF THIS ARTI-
 CLE;
   4. COORDINATE WITH OTHER PROGRAMS PROVIDING  LEGAL  REPRESENTATION  IN
 COVERED  PROCEEDINGS  TO  ENSURE  EFFICIENCY OF FUNCTIONS AND TO PREVENT
 DUPLICATION OF WORK;
   5. CREATE A PROGRAM PROVIDING OUTREACH AND  EDUCATION  THROUGH  DESIG-
 NATED  COMMUNITY  ORGANIZATIONS, TO SPREAD AWARENESS OF THE AVAILABILITY
 OF LEGAL REPRESENTATION BY DESIGNATED LEGAL  ORGANIZATIONS.    WITH  THE
 SUPPORT  OF  THE  EXECUTIVE  DIRECTOR  AND  ADEQUATE FUNDING, DESIGNATED
 COMMUNITY ORGANIZATIONS SHALL BE RESPONSIBLE FOR ENGAGING AND  EDUCATING
 TENANTS  OF  THEIR  RIGHTS  IN  EVICTION  PROCEEDINGS, INCLUDING BUT NOT
 LIMITED TO:  HOSTING TRAININGS AND OTHER WORKSHOPS FOR TENANTS; DISTRIB-
 UTING WRITTEN INFORMATION TO TENANTS; ASSISTING TENANTS IN  FORMING  AND
 MAINTAINING  TENANT  ASSOCIATIONS; REFERRING TENANTS TO DESIGNATED LEGAL
 ORGANIZATIONS; AND  OTHER  ACTIVITIES  TO  ENGAGE,  EDUCATE,  OR  INFORM
 TENANTS  OF  THEIR RIGHTS IN EVICTION PROCEEDINGS. ENGAGEMENT AND EDUCA-
 TION SHALL BE PROVIDED IN DESIGNATED STATEWIDE LANGUAGES;
   6. CREATE AND MAKE AVAILABLE RESOURCES FOR INDIVIDUALS WITH REGARD  TO
 THEIR  RIGHTS IN CIVIL LEGAL MATTERS REGARDING HOUSING ACCOMMODATIONS IN
 THE LANGUAGES REQUIRED BY LAW AND SUCH ADDITIONAL LANGUAGES  AS  MAY  BE
 NECESSARY; AND
   7.  PROMULGATES ANY RULES, REGULATIONS, AND GUIDANCE NECESSARY FOR THE
 IMPLEMENTATION OF THE PROVISIONS OF THIS ARTICLE.
   § 830. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "EXECUTIVE  DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF THE NEW YORK
 STATE OFFICE OF CIVIL REPRESENTATION.
 S. 2721                             4
 
   2. "OFFICE" MEANS THE NEW YORK STATE OFFICE OF CIVIL REPRESENTATION.
   3.  "ELIGIBLE INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS AT RISK OF LOSING
 THEIR HOUSING ACCOMMODATION IN A  COVERED  PROCEEDING.    AN  INDIVIDUAL
 BECOMES ELIGIBLE WHEN THAT INDIVIDUAL (A) BECOMES THE SUBJECT OF A PRED-
 ICATE NOTICE IN A COVERED PROCEEDING; OR (B) IS A PARTY, OR HAS STANDING
 TO  BE A PARTY, IN A COVERED PROCEEDING; OR (C) HAS BEEN DETERMINED BY A
 DESIGNATED LEGAL ORGANIZATION TO BE A PERSON REASONABLY  ANTICIPATED  TO
 BECOME A PARTY IN A COVERED PROCEEDING, WHICHEVER OCCURS EARLIER.
   4. "COVERED PROCEEDING" MEANS ANY PROCEEDING TO EVICT AN INDIVIDUAL OR
 OTHERWISE  TERMINATE  A  TENANCY, ANY OTHER PROCEEDING THAT IS LIKELY TO
 RESULT IN AN INDIVIDUAL LOSING SUCH INDIVIDUAL'S HOUSING  ACCOMMODATION,
 INCLUDING  AN  ADMINISTRATIVE  PROCEEDING TO TERMINATE A HOUSING SUBSIDY
 AND ANY ADDITIONAL PROCEEDING AS DETERMINED BY THE OFFICE, OR A PROCEED-
 ING BROUGHT BY AN ELIGIBLE INDIVIDUAL TO ENFORCE THE WARRANTY OF HABITA-
 BILITY, OR IN RESPONSE TO AN UNLAWFUL EVICTION, OR IN  RESPONSE  TO  THE
 UNLAWFUL  ACTIONS  OF  A  LANDLORD, AS WELL AS ANY APPEALS FROM ANY SUCH
 PROCEEDINGS.
   5. "DESIGNATED LEGAL ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION
 OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER SECTION 501(C)(3)  OF  THE
 UNITED  STATES  INTERNAL  REVENUE  CODE THAT HAS THE CAPACITY TO PROVIDE
 COMPREHENSIVE AND EFFECTIVE LEGAL SERVICES FOR THE  PROGRAM  ESTABLISHED
 UNDER  SECTION EIGHT HUNDRED THIRTY OF THIS ARTICLE. TO THE EXTENT PRAC-
 TICABLE, SUCH DESIGNATED LEGAL ORGANIZATIONS SHALL BE ORGANIZATIONS THAT
 MAINTAIN A PRACTICE OF FURNISHING FREE OR REDUCED COST LEGAL SERVICES TO
 INDIVIDUALS;  POSSESS  EXPERTISE  IN  THE  AREAS  OF  LAW  FOR   COVERED
 PROCEEDINGS;  HAVE A DEMONSTRATED HISTORY OR PRACTICE WITH REGARD TO THE
 LEGAL ISSUES FACING LOW-INCOME RESIDENTS  OF  THE  STATE  OF  NEW  YORK;
 PROVIDE CONSISTENT, HIGH QUALITY SUPERVISION, OVERSIGHT, TRAINING, EVAL-
 UATION,  AND  STRATEGIC  RESPONSE  TO  EMERGING OR CHANGING NEEDS IN THE
 COMMUNITIES SERVED; AND MAINTAIN REASONABLE WORKLOADS AND WORKING CONDI-
 TIONS FOR THEIR STAFF.
   6. "DESIGNATED COMMUNITY ORGANIZATION" MEANS A  NOT-FOR-PROFIT  ORGAN-
 IZATION  OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER SECTION 501(C)(3)
 OF THE UNITED STATES INTERNAL REVENUE CODE  THAT  HAS  THE  CAPACITY  TO
 PROVIDE  EDUCATION  IN A PROGRAM ESTABLISHED UNDER SECTION EIGHT HUNDRED
 THIRTY-ONE OF THIS ARTICLE. TO THE EXTENT PRACTICABLE,  SUCH  DESIGNATED
 COMMUNITY  ORGANIZATION  SHALL  MAINTAIN  A  PRACTICE OF FURNISHING FREE
 SERVICES; POSSESS EXPERTISE AND EXPERIENCE IN  COMMUNITY  EDUCATION  AND
 ORGANIZING,  AND  TIES TO THE COMMUNITIES THEY SERVE; DEMONSTRATE EXPER-
 TISE IN RECOGNIZING AND RESPONDING TO THE HOUSING ISSUES FACING  LOW-IN-
 COME  RESIDENTS  OF THE STATE OF NEW YORK; POSSESS ADEQUATE EXPERTISE TO
 PROVIDE CONSISTENT, HIGH QUALITY SUPERVISION, OVERSIGHT, TRAINING, EVAL-
 UATION, AND STRATEGIC RESPONSE TO EMERGING  OR  CHANGING  NEEDS  IN  THE
 COMMUNITIES SERVED; AND MAINTAIN REASONABLE WORKLOADS AND WORKING CONDI-
 TIONS FOR THEIR STAFF.
   7.  "LEGAL REPRESENTATION" MEANS ONGOING LEGAL REPRESENTATION PROVIDED
 BY A DESIGNATED LEGAL  ORGANIZATION  TO  ELIGIBLE  INDIVIDUALS  AND  THE
 PROVISION  OF  LEGAL ADVICE, ADVOCACY, AND ASSISTANCE, INCLUDING BUT NOT
 BE LIMITED TO: FILING A NOTICE OF APPEARANCE, FILING AND PREPARATION  OF
 PLEADINGS  AND  MOTIONS ON BEHALF OF ELIGIBLE INDIVIDUALS, COURT APPEAR-
 ANCES ON BEHALF OF ELIGIBLE INDIVIDUALS, PRE- AND POST-TRIAL  SETTLEMENT
 CONFERENCES,  AND ANY OTHER ACTIVITIES NEEDED TO PROVIDE LEGAL REPRESEN-
 TATION IN A COVERED PROCEEDING.
   8. "HOUSING ACCOMMODATION" MEANS THAT PART OF ANY BUILDING  OR  STRUC-
 TURE  OR ANY PART THEREOF, PERMANENT OR TEMPORARY, OCCUPIED OR INTENDED,
 ARRANGED OR DESIGNED TO BE USED OR OCCUPIED, BY ONE OR MORE  INDIVIDUALS
 S. 2721                             5

 AS A RESIDENCE, HOME, DWELLING UNIT OR APARTMENT, SLEEPING PLACE, BOARD-
 ING  HOUSE,  LODGING  HOUSE OR HOTEL, AND ALL ESSENTIAL SERVICES, PRIVI-
 LEGES, FURNISHINGS, FURNITURE AND FACILITIES SUPPLIED IN CONNECTION WITH
 THE OCCUPATION THEREOF.
   §  831. PROVISION OF LEGAL REPRESENTATION AND COMMUNITY EDUCATION.  1.
 IN ACCORDANCE WITH THIS ARTICLE, THE OFFICE SHALL  DEVELOP  PROGRAMS  TO
 GUARANTEE AND DELIVER:
   (A)   LEGAL REPRESENTATION THROUGH ONE OR MORE DESIGNATED LEGAL ORGAN-
 IZATIONS TO ELIGIBLE INDIVIDUALS IN COVERED PROCEEDINGS  THROUGHOUT  THE
 STATE; AND
   (B)  COMMUNITY  OUTREACH  AND EDUCATION THROUGH ONE OR MORE DESIGNATED
 COMMUNITY ORGANIZATIONS REGARDING THE PROGRAMS CREATED HEREIN.
   2. IN CREATING THE PROGRAMS UNDER SUBDIVISION ONE OF THIS SECTION, THE
 EXECUTIVE DIRECTOR SHALL CONSULT WITH THE FOLLOWING:
   (A) TENANTS AND/OR REPRESENTATIVES OF TENANTS,  AND  COMMUNITY  GROUPS
 REPRESENTING LOW-INCOME OR OTHER AT-RISK MEMBERS OF THE COMMUNITY;
   (B) LEGAL AND COMMUNITY-BASED ORGANIZATIONS;
   (C) REPRESENTATIVES OF THE JUDICIARY;
   (D)  REPRESENTATIVES  OF A MUNICIPALITY OPERATING OR FUNDING A PROGRAM
 PROVIDING LEGAL REPRESENTATION, LEGAL CONSULTATION, OR COMMUNITY  EDUCA-
 TION  AND  OUTREACH AND/OR REPRESENTATIVES OF THE ORGANIZATIONS INVOLVED
 IN SUCH PROGRAMS; AND
   (E) ANY OTHER ORGANIZATIONS OR INDIVIDUALS  AS  MAY  BE  NECESSARY  AS
 DETERMINED BY THE EXECUTIVE DIRECTOR.
   3.  THE  OFFICE  SHALL  POST  ON ITS WEBSITE INFORMATION REGARDING THE
 PROGRAMS CREATED UNDER THIS SECTION INCLUDING HOW INDIVIDUALS  MAY  FIND
 SERVICES AVAILABLE IN THEIR GEOGRAPHIC AREA.
   4. THE OFFICE SHALL HOLD ONE OR MORE HEARINGS OR LISTENING SESSIONS IN
 EACH  REGION  OF  THE  STATE ON AN ANNUAL BASIS TO EVALUATE THE PROGRAMS
 CREATED PURSUANT TO THIS SECTION AND TO INCORPORATE ANY NECESSARY CHANG-
 ES TO SUCH PROGRAMS.
   § 3. Section 701 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 3 to read as follows:
   3.  ANY  COURT MAINTAINING A COVERED PROCEEDING, AS DEFINED BY SECTION
 EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW, SHALL NOTIFY ALL  RESPONDENTS
 BY  MAIL  UPON  FILING OF A PETITION, NOT LESS THAN FOURTEEN DAYS BEFORE
 TRIAL, OF THE RIGHT TO OBTAIN LEGAL REPRESENTATION PURSUANT  TO  SECTION
 EIGHT HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW.
   § 4. The opening paragraph of section 711 of the real property actions
 and proceedings law, as amended by section 12 of part M of chapter 36 of
 the laws of 2019, is amended to read as follows:
   A  tenant  shall include an occupant of one or more rooms in a rooming
 house or a resident, not including a transient occupant, of one or  more
 rooms  in a hotel who has been in possession for thirty consecutive days
 or longer.  No tenant or lawful occupant of a dwelling or housing accom-
 modation shall be removed from possession except in a  special  proceed-
 ing.    NO SPECIAL PROCEEDING SHALL BE MAINTAINED UNDER ANY PROVISION OF
 THIS SECTION UNLESS THE COURT HAS NOTIFIED AN INDIVIDUAL OF THE RIGHT TO
 OBTAIN LEGAL REPRESENTATION PURSUANT TO SECTION EIGHT HUNDRED THIRTY-ONE
 OF THE EXECUTIVE LAW. A special proceeding may be maintained under  this
 article upon the following grounds:
   §  5.  Section 713 of the real property actions and proceedings law is
 amended by adding a new subdivision 12 to read as follows:
   12. NO PROCEEDING SHALL BE MAINTAINED UNDER THIS SECTION,  UNLESS  THE
 COURT  HAS  PROVIDED  THE RESPONDENT WITH WRITTEN NOTICE OF THE RIGHT OF
 THE RESPONDENT TO OBTAIN LEGAL REPRESENTATION PURSUANT TO SECTION  EIGHT
 S. 2721                             6
 
 HUNDRED  THIRTY-ONE  OF  THE  EXECUTIVE LAW, IN THE MANNER PRESCRIBED IN
 SECTION SEVEN HUNDRED FORTY-FIVE OF THIS ARTICLE. ANY TEN-DAY NOTICE  TO
 QUIT  SERVED  PURSUANT  TO  THIS  SECTION  SHALL  PROVIDE  NOTICE OF THE
 RESPONDENT'S  RIGHT  TO  OBTAIN LEGAL REPRESENTATION UNDER SECTION EIGHT
 HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW.
   § 6. Section 713-a of the real property actions and  proceedings  law,
 as  amended  by  chapter  628 of the laws of 1982, is amended to read as
 follows:
   § 713-a. Special proceeding for termination of adult  home  and  resi-
 dence for adults admission agreements. A special proceeding to terminate
 the  admission agreement of a resident of an adult home or residence for
 adults and discharge a resident therefrom may be maintained in  a  court
 of  competent  jurisdiction  pursuant  to the provisions of section four
 hundred sixty-one-h of the social services law and nothing contained  in
 such section shall be construed to create a relationship of landlord and
 tenant between the operator of an adult home or residence for adults and
 a  resident  thereof.    NO  PROCEEDING  SHALL  BE MAINTAINED UNDER THIS
 SECTION, UNLESS THE COURT  HAS  PROVIDED  THE  RESPONDENT  WITH  WRITTEN
 NOTICE  OF  THE  RIGHT  OF THE RESPONDENT TO OBTAIN LEGAL REPRESENTATION
 PURSUANT TO SECTION EIGHT HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW.
   § 7. Section 715 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 6 to read as follows:
   6.  NO  PROCEEDING  SHALL  BE  MAINTAINED  UNDER ANY PROVISION OF THIS
 SECTION, UNLESS THE COURT  HAS  PROVIDED  THE  RESPONDENT  WITH  WRITTEN
 NOTICE  OF  THE  RIGHT  OF THE RESPONDENT TO OBTAIN LEGAL REPRESENTATION
 PURSUANT TO SECTION EIGHT HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW.
   § 8. Section 731 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 5 to read as follows:
   5.  NO  SPECIAL  PROCEEDING  PRESCRIBED BY THIS ARTICLE SHALL BE MAIN-
 TAINED UNLESS THE NOTICE OF PETITION HAS PROVIDED  THE  RESPONDENT  WITH
 WRITTEN  NOTICE OF THE RIGHT OF THE RESPONDENT TO OBTAIN LEGAL REPRESEN-
 TATION PURSUANT TO SECTION EIGHT HUNDRED  THIRTY-ONE  OF  THE  EXECUTIVE
 LAW.
   §  9.  Section 745 of the real property actions and proceedings law is
 amended by adding a new subdivision 3 to read as follows:
   3. WHERE A RESPONDENT WHO IS AN ELIGIBLE  INDIVIDUAL,  AS  DEFINED  IN
 SUBDIVISION  THREE OF SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW,
 APPEARS IN COURT WITHOUT COUNSEL, THE COURT SHALL NOTIFY SUCH RESPONDENT
 ORALLY OF THEIR RIGHT TO OBTAIN LEGAL REPRESENTATION PURSUANT TO SECTION
 EIGHT HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW, AND  IF  SUCH  RESPONDENT
 WOULD LIKE COUNSEL, THE COURT SHALL ADJOURN THE TRIAL AND PROVIDE SUFFI-
 CIENT TIME, NOT LESS THAN THIRTY DAYS, FOR SUCH RESPONDENT TO RETAIN AND
 CONSULT  COUNSEL  AND SHALL GRANT SUCH FURTHER ADJOURNMENTS FOR NOT LESS
 THAN THIRTY DAYS EACH AS ARE NECESSARY FOR SUCH RESPONDENT TO RETAIN AND
 CONSULT COUNSEL.
   § 10. Subdivisions 1 and 3 of section 749 of the real property actions
 and proceedings law, as amended by section 19 of part M of chapter 36 of
 the laws of 2019, are amended to read as follows:
   1. Upon rendering a final judgment for  petitioner,  the  court  shall
 issue  a warrant directed to the sheriff of the county or to any consta-
 ble or marshal of the city in which the property, or a portion  thereof,
 is  situated,  or,  if it is not situated in a city, to any constable of
 any town in the county, describing the property,  stating  the  earliest
 date  upon which execution may occur pursuant to the order of the court,
 and commanding the officer to remove all persons named in  the  proceed-
 ing,  provided  upon a showing of good cause, the court may issue a stay
 S. 2721                             7
 
 of re-letting or renovation of the premises for a reasonable  period  of
 time.  HOWEVER, NO COURT SHALL ISSUE A JUDGMENT AUTHORIZING THE ISSUANCE
 OF A WARRANT OF EVICTION AGAINST A  RESPONDENT  WHO  HAS  DEFAULTED,  OR
 AUTHORIZE  THE  EXECUTION OF AN EVICTION PURSUANT TO A DEFAULT JUDGMENT,
 UNLESS THE COURT HAS PROVIDED THE RESPONDENT WITH WRITTEN NOTICE OF  THE
 RESPONDENT'S    RIGHT TO OBTAIN LEGAL REPRESENTATION PURSUANT TO SECTION
 EIGHT HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW IN EVICTION PROCEEDINGS IN
 THE NOTICE REQUIRED BY SECTIONS  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED
 FORTY-ONE AND SEVEN HUNDRED FORTY-FIVE OF THIS ARTICLE.
   3.  Nothing  contained  herein shall deprive the court of the power to
 stay or vacate such warrant for good cause shown prior to the  execution
 thereof,  or to restore the tenant to possession subsequent to execution
 of the warrant. THE FAILURE OF THE COURT  TO  ADVISE  TENANTS  OF  THEIR
 RIGHT  TO  OBTAIN LEGAL REPRESENTATION PURSUANT TO SECTION EIGHT HUNDRED
 THIRTY-ONE OF THE EXECUTIVE LAW IN AN EVICTION PROCEEDING SHALL  CONSTI-
 TUTE  GOOD  CAUSE TO STAY OR VACATE SUCH WARRANT. In a judgment for non-
 payment of rent, the court shall vacate a warrant upon tender or deposit
 with the court of the full rent due at any time prior to its  execution,
 unless  the petitioner establishes that the tenant withheld the rent due
 in bad faith.   [Petitioner may recover by action]  THE  COURT  MAY  NOT
 ORDER  RECOVERY  BY THE PETITIONER OF any sum of money which was payable
 at the time when the special proceeding was commenced and the reasonable
 value of the use and occupation to the time when the warrant was issued,
 for any period of time with respect to which the agreement does not make
 any provision for payment of rent, IN ANY PROCEEDING PENDING APPOINTMENT
 OF LEGAL REPRESENTATION PURSUANT TO SECTION EIGHT HUNDRED THIRTY-ONE  OF
 THE EXECUTIVE LAW.
   §  11.  Subdivision  1 of section 746 of the real property actions and
 proceedings law, as amended by chapter 725  of  the  laws  of  2021,  is
 amended to read as follows:
   1.  In any proceeding under this article, if a stipulation is made, on
 the occasion of a court appearance in the proceeding, setting  forth  an
 agreement  between  the  parties,  other  than  a  stipulation solely to
 adjourn or stay  the  proceeding,  and  either  the  petitioner  or  the
 respondent is not represented by counsel, the court shall fully describe
 the  terms  of  the  stipulation  to  that  party  on the record. IF THE
 RESPONDENT IS NOT REPRESENTED BY COUNSEL AND THE RESPONDENT IS AN ELIGI-
 BLE INDIVIDUAL, AS DEFINED IN SUBDIVISION THREE OF SECTION EIGHT HUNDRED
 THIRTY OF THE EXECUTIVE   LAW, THE COURT SHALL  NOTIFY  SUCH  RESPONDENT
 ORALLY OF THEIR RIGHT TO OBTAIN LEGAL REPRESENTATION PURSUANT TO SECTION
 EIGHT  HUNDRED  THIRTY-ONE  OF THE EXECUTIVE LAW, AND IF SUCH RESPONDENT
 WOULD LIKE COUNSEL, THE COURT SHALL CEASE THE ALLOCUTION AND ADJOURN THE
 TRIAL AND PROVIDE SUFFICIENT TIME, NOT LESS THAN THIRTY DAYS,  FOR  SUCH
 RESPONDENT  TO  RETAIN  AND CONSULT COUNSEL AND SHALL GRANT SUCH FURTHER
 ADJOURNMENTS FOR NOT LESS THAN THIRTY DAYS EACH  AS  ARE  NECESSARY  FOR
 SUCH RESPONDENT TO RETAIN AND CONSULT COUNSEL.
   §  12.  The real property law is amended by adding a new section 235-j
 to read as follows:
   § 235-J.  LEASE  PROVISIONS  WAIVING  RIGHT  TO  COUNSEL  VOID.    ANY
 PROVISION  OF  A  LEASE  OR  CONTRACT  WAIVING OR OTHERWISE LIMITING THE
 TENANT'S RIGHT  TO  OBTAIN  LEGAL  REPRESENTATION  UNDER  SECTION  EIGHT
 HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW SHALL BE VOID AND UNENFORCEABLE.
   §  13.  The real property law is amended by adding a new section 235-k
 to read as follows:
   § 235-K. LEASE PROVISIONS SHALL PROVIDE NOTICE OF THE RIGHT  TO  COUN-
 SEL.  ANY  LEASE  OR  CONTRACT  FOR RENTAL OF RESIDENTIAL PROPERTY SHALL
 S. 2721                             8
 
 PROVIDE NOTICE OF THE  TENANT'S  RIGHT  TO  LEGAL  REPRESENTATION  UNDER
 SECTION EIGHT HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW.
   § 14. Severability clause. If any provision of this act, or any appli-
 cation  of  any  provision  of  this  act,  is held to be invalid, or to
 violate  or be inconsistent with any  federal  law  or  regulation, that
 shall not affect the validity or effectiveness of any other provision of
 this  act,  which can be given effect without that provision or applica-
 tion; and to that end, the provisions and applications of this act   are
 severable.
   §  15.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law; provided, however, that sections three
 through thirteen of this act shall take effect  five  years  after  such
 date.

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